Re: Kayla Langer, 2025 CanLII 97818

Ontario Review Board

Re: Kayla Langer

ORB File No: 8571

Hearing held on: Monday August 25, 2025

Place of Hearing: Centre for Addiction and Mental Health

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. R. Bigelow

Members: Mr. M. Segal

Dr. P. Prendergast

Dr. S. Wiseman

Mr. S. Duffy

Parties Appearing:

Accused: Kayla Langer

Counsel: Ms. C. Francis

The Person in Charge Counsel: Ms. S. Zelaya

Attorney-General of Ontario: Counsel: Ms. K. Kirec

REASONS FOR DISPOSITION (Dated September 25, 2025)

Introduction

1. On June 6, 2024, Kayla Langer was found not criminally responsible on account of mental disorder (NCR) on charges of assault, robbery, and fail to comply with a probation order (x6), all contrary to the Criminal Code. She is currently subject to a disposition of the Ontario Review Board (the Board) dated September 6, 2024, ordering her detention at the Forensic Service of the Centre for Addiction and Mental Health (CAMH) with privileges up to and including entering the community of the greater Toronto area indirectly supervised.

2. On Monday, August 25, 2025, the Board convened a hearing at CAMH pursuant to section 672.81(1) of the Criminal Code to review Ms. Langer disposition. Ms. Langer was present at the hearing and represented by counsel, Ms. Francis who appeared by video.

3. The issues to be determined at the hearing were whether Ms. Langer continues to represent a significant threat to the safety of the public as defined in section 672.5401 of the Criminal Code and, if so, to determine what was the necessary and appropriate disposition that was also the least onerous and least restrictive taking into account the factors set out in 672.54 of the Criminal Code.

Initial Positions of the Parties

4. At the commencement of the hearing the parties were requested to provide their initial without prejudice positions with respect to the issues before the Board. Counsel for the Hospital indicated that it was the Hospital’s position that Ms. Langer continued to represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current Order without change.

5. Counsel for the Attorney General supported the Hospital position.

6. Counsel for Ms. Langer indicated that her client did not believe that she was a significant threat to the safety of the public and accordingly was entitled to be discharged absolutely.

Evidence at the hearing

7. The evidence at the hearing consisted of the Hospital Report dated August 10, 2025, the oral evidence of Dr. Ray, Ms. Langer’s treating physician and the oral evidence of Ms. Langer.

Findings

8. For the Reasons that follow, the Board finds that Ms. Langer continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order without change.

Index Offence

9. The allegations surrounding the index offence as summarized in the Hospital Report are as follows :

• Assault - On November 17, 2023, police officers came across Ms. Langer lying on the sidewalk, in front of a Popeye’s restaurant. The officers requested an ambulance to have her assessed. Paramedics arrived on the scene and placed her on their stretcher. While seated on the stretcher, Ms. Langer became very aggressive and spat at the paramedic/victim, striking him in the face.

• Robbery – On December 15, 2023, Ms. Langer approached the victim, who was passed out on the sidewalk, and asked him for crystal methamphetamine. The victim did not open his eyes, as he was under the influence of fentanyl and was drowsy, but he verbally replied that he did not have any. Ms. Langer then began to go through the victim’s pockets, stealing personal items.

• Failure to Comply with Probation Order (x6) – At the time of the commission of the assault and robbery, Ms. Langer was bound by several probation orders, with a condition that she keep the peace and be of good behaviour.

Background Information Regarding the Accused

10. Ms. Langer is currently 31 years of age and reports that she was born in Kitchener and raised by her mother and grandmother. Her father was from Newfoundland, and she had very little contact with him. The Children’s Aid Society (CAS) became involved with her when she was 11 and subsequently, she spent most of her life in group homes, in foster care under the auspices of the CAS or in institutional, clinical, or jail settings.

Substance Use History

11. Ms. Langer began using cannabis when she was 11 or 12 and crystal methamphetamine when she was 15 or 16. Intravenous use of methamphetamine had resulted in a hepatitis C infection. She has acknowledged that methamphetamines made her auditory hallucinations worse. She also reported cocaine use as well as opioid use and had been prescribed methadone.

Legal History

12. Last years Reasons for Disposition Summarize Ms. Langer’s involvement with the Criminal Justice System as follows:

According to the Summary of Background/Enhanced Bail Package and Ms. Langer’s CPIC, Ms. Langer has incurred 137 convictions as of December 20, 2023. Ms. Langer has 50 convictions related to the administration of justice: failure to comply with recognizance/release order/undertaking x16, probation x19, with order/obligation/ x3, breach x1, scape custody x1, failure to attend court x1 and 9 dispositions for failure to comply with Youth Act (2009).

Ms. Langer has 37 convictions for violence: breaking and entering x1, assault x18, unauthorized possession of prohibited weapon x1, utter threats x4, carry concealed weapon x1, arrest without warrant x1, assault peace officer x9, assault with intent to resist arrest x2. She has 15 convictions classified under sexual offences: indecent act x7 (2015, 2016x2, 2018, 2019, 2022x2), sexual assault (2015, 2016, 2022x2), indecent exhibition x2 (2019).

Ms. Langer has 4 convictions for possession of a schedule two substance and 2 convictions for a schedule one substance.

Ms. Langer has 29 property related convictions: theft under x14, break and enter x, mischief under x8, causing a disturbance x5, and possession of property obtained by crime under x1, causing a disturbance x5.

Additional documentation indicates that Ms. Langer’s CPIC submitted for the purposes oft his assessment was missing a July 26, 2023, conviction for sexual assault and a conviction for breaking and entering. Additionally, Ms. Langer is subject to 3 active probation orders of 2 years each, imposed on March 13, May 18 and July 26, 2023.

Psychiatric History

13. Ms. Langer’s first admission to hospital with respect to mental health related issues was in January 2017 and between that admission and 2020 she was admitted to hospital for mental health related issues on six occasions. In most cases she was brought to hospital by police frequently following incidents of disrobing and agitation in the community.

14. Between 2021 and 2022, Ms. Langer had a total of 53 visits to emergency departments in the Greater Toronto Area for mental health/addictions. Ms. Langer was repeatedly apprehended under the Mental Health Act and brought into emergency departments by police or EMS due to disorganized and disinhibited behaviour, including disrobing, exposing herself, approaching strangers, and engaging in bizarre or assaultive behaviour in the community. She was often intoxicated, aggressive, and required chemical/mechanical restraints. Ms. Langer’s hospitalizations tended to be brief, lasting 72 hours or less. During that period, her mental status improved sufficiently that she no longer met criteria for Mental Health Act certification, and declined longer admissions/community supports or treatment. She often returned to hospital within days or hours after having been discharged. Diagnoses generally included substance intoxication, substance induced psychosis or schizophrenia.

15. Ms. Langer also has had at least 30 more admissions to various hospitals in 2023 prior to the index offences in November and December 2023.

Current Diagnosis

16. Ms. Langer’s current diagnoses are as follows:

• Schizophrenia

• Substance Use Disorder (Stimulants, Opioid, and Alcohol)

• Antisocial Personality Traits

Evidence of Dr. Ray

17. Dr. Ray indicated by way of update to the Hospital Report that although Ms. Langer had been grudgingly adherent to injectable medications over the reporting year, she refused her injection three days prior to the hearing and has continued to refuse. Ms. Langer continues to experience symptoms of her illness including aggressive and sexually disinhibited behaviours and firmly believes that she will be discharged from hospital after the hearing having already “served too much time”.

18. Dr. Ray indicated that, although there had been some improvement in Ms. Langer’s psychotic symptoms over the reporting year, she continued to experience symptoms of her illness and that in addition to the injectable medications oral medication was necessary. Ms. Langer had no insight into her mental illness or the need for treatment, no engagement in any type of programming, no community supports and no housing. Ms. Langer has advised that should she be released from custody she will either go to a shelter or move into a tent. The treatment team was strongly of the view that in order to manage Ms. Langer’s risk, the Hospital needed the authority to approve accommodation in the community.

19. Dr. Ray advised that the goals of the treatment team over the upcoming reporting year were to optimize medications and involve Ms. Langer in relapse prevention programs. Currently Ms. Langer had level III privileges which included escorted access to the community and accompanied access to Hospital grounds.

20. In response to questions from counsel for Ms. Langer, Dr. Ray indicated that Ms. Langer had not been cooperative with psychological testing and that it was not due to an inability to focus but rather to an unwillingness to participate. Ms. Langer was dismissive when staff attempted to explain the forensic system to her. Dr. Ray agreed that Ms. Langer has been apologetic about her behaviour with respect to the index offences she but is unable to make any connection between the offences and her mental illness.

21. In response to questions from panel members, Dr. Ray indicated that the treatment team believed that there was a risk of elopement given Ms. Langer’s lack of understanding of the forensic system and that over the reporting year there had been improvement with Ms. Langer being less disorganized and less disruptive.

Evidence of Ms. Langer

22. Ms. Langer agreed that she had reviewed the Hospital Report with counsel, and she also agreed that she was ill at the time of the index offences and did some “things” which got her arrested. Her plan if released from hospital was to reside in either a shelter or a tent and that she did not have any plans for using substances in the “near future”. She stated that she had supportive family in the community but that she had no contact with them since her arrest with respect to the index offences in the fall of 2013. She also noted that she had never done as much “time” as she had done since her arrest on the index offences and that she did not believe that she could deal with any further “sentence”.

Analysis and Conclusion, significant threat

23. The Board finds that Ms. Langer continues to represent a significant threat to the safety of the public. She suffers from a major mental illness, schizophrenia, and continues to experience symptoms of her illness. She has also been diagnosed with a long-standing poly-substance abuse disorder as well as antisocial personality traits. She has no insight into her illness, her need for treatment, the impact of substance use on her mental health or the connection between her illness and the index offences as well as her lengthy criminal record. Despite grudging cooperation with injectable medications (until recently) she continues to experience symptoms of her illness. The evidence clearly supports a finding that absent the supervision of the Board, she would quickly fall away from treatment, return to the use of substances resulting in a significant risk of causing psychological and or physical harm to members of the public.

Analysis and Conclusion, Necessary and Appropriate Disposition

24. The Board also finds that the evidence supports a detention order disposition on the terms as recommended by the Hospital. Given Ms. Langer’s lack of appreciation of her status and lack of insight into her illness, there is a substantial risk of elopement. She also requires close supervision both to ensure her adherence to medication and abstinence from substances given her lengthy history of acting out aggressively in the community and failing to adhere to recommended treatment. She does not have a viable release plan, and it is unlikely that the provisions of the Mental Health Act would be sufficient to manage her risk. There is no air of reality to consideration of a conditional discharge

DATED this 25^th^ day of September, 2025, at the City of Toronto, in the Toronto Region.

Mr. R. Bigelow

Alternate Chairperson

__________________

Office of the Registrar

Ontario Review Board